Back
RAJA BASU CHOWDHURY
Abdul Rahim – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
Raja Basu Chowdhury, J.
1. The present writ application has been filed, inter alia, challenging an award dated 19th September, 2019, passed by the Learned 7th Industrial Tribunal, West Bengal in case no.41 of 2013.
2. It is the case of the petitioner that he had been employed by the respondent no.4 in the year 2001. Subsequently, since, 4th February, 2013, Mr. Sandeep Kumar Rajpuria without any cause refused entry of the petitioner to office premises thereby, preventing him to join his duty. On account of refusal of employment as aforesaid, the petitioner was prompted to seek intervention of the Labour Commissioner. Since, the conciliation proceeding did not yield any fruitful result, after expiry of the statutory period, he filed an application under Section 2A(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the “said Act”) before the Learned 7th Industrial Tribunal, West Bengal and the same was registered as Case of 41 of 2013. The respondent no.4 duly participated in the said proceeding by filing written statement. On the basis of the pleadings of
An employee who is refused employment without any cause is entitled to reinstatement and back wages.
The main legal point established in the judgment is that in cases of wrongful termination of service, the employee must prove non-employment to claim back wages, and the employer has the burden to di....
The main legal point established in the judgment is that when a party has notice of the proceeding, the Tribunal is not obliged to issue any further notice or show cause prior to passing an ex-parte ....
The main legal point established in the judgment is that the employer must follow the relevant provisions of the I.D. Act before terminating the service of an employee, and failure to do so may entit....
The main legal point established in the judgment is the entitlement of a workman to reinstatement with full back wages under the Industrial Disputes Act, 1947, in cases of refusal of employment by th....
Labour Court has held against the workman on the basis that the documents like pay sleep, muster roll etc. are not produced. But, at this juncture, it is require to peruse the oral evidence of the wo....
The court upheld that the burden of proving continuous service and employee-employer relationship lies with the workman, which was not met, leading to dismissal of the claim based on delay and lack o....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
